Facts
The case concerns a recourse claim by a construction company against the architect due to damages caused by landslides during the construction of a single-family house. The construction company had sued the building owner for payment of the additional costs resulting from the landslides and had reached a court settlement on a reduced amount. Subsequently, the construction company sued the architect for recourse for part of the damage.
The District Court of Sargans and the Cantonal Court of St. Gallen dismissed the construction company's claim against the architect due to the statute of limitations. The construction company then filed an appeal.
Considerations
The Federal Supreme Court states that, contrary to the view of the lower courts, there is true, not unreal, solidarity between the construction company and the architect towards the building owner. However, there is no joint breach of duty within the meaning of Art. 50 para. 1 CO, but only a competition of claims based on different legal grounds pursuant to Art. 51 para. 1 CO.
Regarding the statute of limitations, the Federal Supreme Court concludes that the construction company's debt collection against the architect on April 18, 1986 no longer had an interrupting effect on the…